First DUI Offense in Florida

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Getting arrested for DUI is an incredibly jarring, humiliating, and anxiety-inducing ordeal. Adding to that stress of this criminal case, you only have ten (10) days to try to preserve your driving privilege in a separate administrative case. Once you're released from jail, the arduous task of finding the right dui defense attorney commences and your time is short if you want help navigating the criminal and administrative cases now before you. The Law office of Sean Clayton, PA in Fort Lauderdale is ready to help.

The stakes couldn't be higher, as a DUI conviction will forever tarnish your criminal record. It's an indelible mark that can never be erased or expunged. Moreover, it will trigger a substantial surge in your car insurance premiums and unleash a cascade of costly indirect consequences that may haunt you for a lifetime.

To steer clear of these dire repercussions, your best bet is to enlist the services of an attorney who will challenge the administrative suspension of your driver's license through a formal review hearing and vigorously combat the criminal charges in court. By successfully avoiding a DUI or reckless driving conviction, you may become eligible to seal or expunge the record, offering a glimmer of hope for a brighter future.

Consulting with an attorney can provide valuable insight into your eligibility for the diversion program, guidance on efficiently fulfilling the required sanctions, and an evaluation of whether it's in your best interest to contest the charges. They can help you navigate through the complexities of the legal system, ensuring you make informed decisions that align with your goals.

At The Law Office of Sean Clayton, PA our dedicated attorneys specialize in vigorously defending DUI cases in Fort Lauderdale, Miami, and West Palm Bach, located in Broward, Palm Beach, and Miami-Dade Countis, FL. Our primary objective is to achieve optimal outcomes for our clients, which often involve having the charges dismissed entirely or reduced to the lesser offense of reckless driving.

Furthermore, we provide invaluable guidance to our clients throughout the administrative proceedings, advise them on courses of action that may improve their chances of positive resolution, and work to secure diversion opportunities where available. Ultimately, we aim to help our clients mitigate the long-term consequences associated with a DUI charge as much as possible.

After a DUI arrest in the Miami, Palm Beach, or Fort Lauderdale areas, or anywhere South Florida, you will be facing two types of case. The first is an administrative case (civil) with the DMV (Florida Department of Highway Safety and Motor Vehicles, or DHSMV), which focuses on your driver's license suspension. The second is the criminal case in the courts of the Eleventh Judicial Circuit, Fifteenth Judicial Circuit, and the Seventeenth Judicial Circuit. The administrative case may have one of two options, the first is to fight, the second is to waive a review of the suspension in exchange for a limited driving privilege. Our attorneys have extensive experiences handling both case in all three counties and can advise you as to which course of action will best suit you. 

We encourage anyone accused of a DUI to consult with an attorney early in the process. To aid in deciding which attorney to hire, consider reading our Tips for Selecting a DUI Attorney.

The State must establish two key elements beyond a reasonable doubt in order to secure a DUI conviction. 

First, they must prove that the defendant either operated or had the capability to operate a vehicle. This includes instances where the defendant was found in or on the vehicle with the keys in the ignition, even if their intention was to sleep off the effects of alcohol. However, if the vehicle was inoperable at the time of the alleged offense, the defense of inoperability may be invoked.

The second element pertains to the defendant's impairment due to the consumption of alcoholic beverages, a chemical substance, or a controlled substance. This impairment can be demonstrated in two ways: either by showing that the defendant's normal faculties were impaired, or by establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

To determine impairment of normal faculties, the police often administer field sobriety exercises. These tests are designed to detect any minor slip, slur, or misstep that may indicate impairment. Although officers claim that these exercises are not pass/fail, they are trained to scrutinize any perceived mistakes made by the defendant.

The term "normal faculties" encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may seem incredulous, but the police rely on these roadside assessments to determine a person's impairment. Furthermore, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, including falling asleep, are recorded and can be used as evidence against them during trial.

Defending a DUI requires extensive technical knowledge and skill as a litigator. It is one of the most varied areas of litigation involving challenges to technology, procedure, and law, depending on what is revealed during discovery. Extensive articles highlighting various defenses can be found here. In order to narrow down possible defenses in your case, set up a consultation with one of our DUI defense attorneys in Fort Lauderdale, serving Broward, Miami-Dade, or Palm Beach County.

Following your arrest, the arresting officer will confiscate your driver's license and issue you a 10-day driving permit. If no action is taken during this period, your driver's license will face suspension based on whether you took the breath test or refused it:

1. Breath Test: If you took the breath test and registered a blood alcohol concentration (BAC) above 0.08, your Florida driver's license will be suspended for six months, with a mandatory 30-day hard suspension.

2. Refused Testing: If you declined to take the breath, blood, or urine test, your Florida driver's license will be suspended for twelve months, with a mandatory 90-day hard suspension.

Option 1: Fighting an Administrative Suspension after a first DUI

Your first option is to, within ten (10) days, request a Formal Review of the suspension. By making this request, you will be granted a 42-day driving permit, allowing you to continue driving while your attorney fights against the suspension.

If successful in the hearing, the suspension will be completely removed from your driving record, as if it never occurred. However, if the hearing officer upholds the suspension, your hard suspension period will commence. 

Option 2: Waiving Formal Review and Request Review for Hardship License Eligibility

In certain circumstances, you may choose to waive the formal review hearing and instead request a hardship license following a DUI arrest in Florida. A hardship license allows limited driving privileges for essential purposes, such as work, school, medical appointments, or grocery shopping.

To request a hardship license, you must complete the necessary paperwork and submit it to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). It is important to note that eligibility requirements and procedures may vary, so consulting with an experienced DUI attorney is highly recommended to navigate this process effectively.

Your attorney can guide you through the application process, help gather the required documentation, and present a compelling case to increase your chances of obtaining a hardship license. They will advocate for your needs and work towards securing the best possible outcome for your situation.

Keep in mind that a hardship license is not available immediately after a DUI arrest. There may be a waiting period or other conditions that must be met before you can apply. Understanding the specific requirements and adhering to the necessary steps is crucial to ensure a smooth and successful application process.

A first DUI offense is considered a misdemeanor, but it carries a unique set of penalties that are not imposed for other types of misdemeanors. 

The following are potential penalties for a first DUI conviction:

1. Jail Time or Incarceration: For a DUI blood alcohol level (BAL) .08 or higher the maximum penalty is up to six (6) months in the county jail. If your BAL is .15 or higher or if there was a minor in the vehicle, the jail time can be up to nine (9) months. 
2. Terms of Probation: You may be placed on probation for up to twelve (12) months. However, the total period of probation and incarceration cannot exceed 12 months.
3. Community Service: You are required to complete at least 50 hours of community service. In some cases, the court may allow you to buy out a portion of the community service hours at a rate of $10 per hour.
4. Fine: The fine for a DUI with Property Damage in Florida ranges from $500 to $1,000. If your BAL is .15 or higher or if there was a minor in the vehicle, the fine is not less than $1,000, and can go up to $2,000.
5. Driver License Revocation Period: Your driver's license will be revoked for a minimum of six (6) months and a maximum of twelve (12) months. This revocation period is in addition to any administrative suspension imposed after the arrest.*
6. Vehicle Impoundment or Immobilization: Unless your family has no other means of transportation, the Court must impose ten (10) days of vehicle immobilization. This cannot be served concurrently with the jail term.
7. DUI School: You must complete a Level I twelve (12) hour class, which includes a substance abuse evaluation. Additionally, any recommended follow-up treatment must be completed before seeking hardship reinstatement. Failure to complete DUI school within 90 days after reinstatement will result in license cancellation.
8. Substance Abuse Evaluation and Recommended Treatment: As stated above, after completing DUI school one can be expected to undergo an evaluation and then complete any recommended treatment. The DMV will not consider you to have completed DUI Level I school without this. Some jurisdictions also make it a condition of probation.
9. Ignition Interlock Device: Unless ordered by the Court, an ignition interlock device is not required. However, if your BAC was .15 or higher or if there was a minor in the vehicle, the Court is obligated to order the device for six (6) months.
10. Victim Impact Panel (VIP): This is not mandatory, but just about every jurisdiction now tacks this course on. It is founded by the Mother's Against Drunk Driving (MADD) and they have convinced many jurisdictions to impose this extra condition.
11. No Alcohol or Intoxicant(s) with Random Alcohol or Drug Screening: While on probation one can expect to be subject to random screening at their expense.

* Business Purposes Only or Employment Purposes Only Reinstatements: If you want to reinstate your driving privileges for business or employment purposes, you must complete DUI school and apply for a hearing for possible hardship reinstatement.

If you have been arrested for a first DUI offense in Palm Beach, Miami, or Broward County, FL, it is crucial to consult with a South Florida DUI Attorney at The Law Office of Sean Clayton, PA. They can provide guidance based on the specific details of your case and help you navigate the legal process to minimize the typical penalties.

The Special Case of a Commercial Driver's License (CDL)

For CDL holders, if you plea guilty or no contest to a DUI in a non-commercial vehicle, the DHSMV will impose a one-year administrative disqualification as a consequence of the first DUI plea. A second or subsequent DUI conviction will permanently render the driver ineligible to operate a commercial motor vehicle is crucial.

During the period of disqualification from driving a commercial motor vehicle, there are no provisions for obtaining a hardship license for operating any type of commercial motor vehicle, whether it be for business purposes only or employment purposes only.